S.23(1) Anti Social Behaviour Act 2003 introduced Penalty Notices as an alternative to parents being prosecuted in the Magistrates’ Court under the Education Act 1996 in order to address unauthorised absence from school.
Copies of the Penalty Notices can be found at the bottom of this page.
Why are they being used?
To assist the Leicester Education Authority in its drive to raise pupil attendance, ensure young people achieve their full potential and raise their educational standards.
What is a Penalty Notice?
It is a Notice issued by the Principal Education Welfare Officer or Assistant Principal Education Welfare Officer(s) on behalf of the Education Department where there is unauthorised absence from school.
It does not require a parent to attend Court and, if paid within the prescribed time, allows parents to discharge their liability for being convicted for failing to ensure regular school attendance during the period in question.
A parent cannot be prosecuted for failing to ensure their child’s regular school attendance during the period of the Penalty Notice provided the penalty is paid on time and in full.
Copies of the Penalty Notices can be found at the bottom of this page.
When will a Penalty Notice be issued?
Leicester Education Authority considers regular attendance so important that Penalty Notices may, and usually will, be issued :-
(i) to a parent whose child is of compulsory school age and has 20 or more unauthorised absences out of 120 school sessions (this is the equivalent of 10 school days in any 12 school week period)
(ii) where a parent takes their child on holiday during term time and has
- not informed the school
OR
- permission is refused by the school
OR
- the child does not return on the agreed date
What is the Penalty?
£50 if paid in full within 28 days
£100 if paid in full after 28 days but within 42 days
Note: If not fully paid within 42 days and there is no reason to withdraw the Notice the LEA has no option but to prosecute a parent in the Magistrates’ Court for failing to ensure regular school attendance.
A fine of up to £2,500 or a community penalty could be imposed together with a Parenting Order.
Is a warning given?
A (formal) written notification will have been sent to the parent from the LEA explaining the penalties for failing to ensure regular school attendance including the criteria for a Penalty Notice being issued.
How do you pay?
Details are contained in the Penalty Notice itself. Payment can be made in person by cash, cheque, money order, postal order or debit/credit card. Cheques and postal orders may be sent by post. The whole amount must be paid by the due date.
Can a parent appeal?
On receipt of a warning (written notification) representation can be made to the Education Welfare Service, but there is no statutory right of appeal once a notice has been issued.
Advice and help is available for parents from school staff and the Education Welfare Service in supporting their child’s regular school attendance and in exercising their legal responsibility.
Leicester City Education Welfare Service
“Working in partnership with parents, young people and schools to maximise every child’s education opportunities”
If you need more information please contact:
Education Welfare Service,
Collegiate House,
College Street,
Leicester, LE2 0JX.
Tel: 0116 221 1260
Fax. 0116 221 1261
